||RE.r/iO  f 1 


■"  jXunois  state  ;■  - 


■V  •: 


,-; 


STATE  OF  NEW  YORK 

CONSERVATION  COMMISSION 


RULES  AND  REGULATIONS 


GOVERNING 


WATER  SUPPLY  APPLiaTIONS 


'T- 


ALBANY'- 

LYON  qOMPANY,  STATE  PRINTERS 


j' 


K-'-  . 


STATE  OF  NEW  YORK 
CONSERVATION  COMMISSION 


DIVISION  OF  INLAND  WATERS 


RULES  AND  REGULATIONS 

GOVERNING 

WATER  SUPPLY  APPLIQTIONS 

WITH  THE  PROVISIONS  OF  THE 

CONSERVATION  LAW 

DEFINING  THE 

JURISDICTION  OF  THE  COMMISSION 

OVER 

PUBLIC  WATER  SUPPLIES 


UNiVERSTir  OF  ILLIKC 


ALBANY 

J.  B,  LYON  COMPANY,  STATE  PRINTERS 


STATE  OF  NEW  YORK 

CONSERVATION  COMMISSION 


GEORGE  E.  VAN  KENNEN 
JAMES  W.  FLEMING 
JOHN  D.  MOORE 

Commissioners. 


RICHARD  W.  SHERMAN,  Chief  Engineer 
ALBERT  E.  HOYT,  Secretary 


i.ai'  , 

Kli+s  V 

STATE  OF  NEW  YORK 

CONSERVATION  COMMISSION 


DIVISION  OF  INLAND  WATERS 


RULES  AND  REGULATIONS 

ADOPTED  APRIL  16,  J9I2 


Pursuant  to  the  authority  granted  and  the  duties  imposed  by 
Chapter  647  of  the  Laws  of  1911,  entitled  the  “ Conservation  Law,’^ 
constituting  Chapter  65  of  the  Consolidated  Laws,  the  following 
Rules  and  Regulations  have  been  adopted  by  the  Conservation  Com- 
mission, embodying  an  outline  of  the  procedure  before  the  Commis- 
sion and  the  requirements  with  reference  to  applications  and  plans 
submitted  to  it  for  approval  in  connection  with  proposed  new  or 
additional  public  water  supplies. 

1.  Applications. — All  persons,  waterworks  corporations,  ninnic- 
ipal  corporations  or  other  civil  divisions  of  the  State,  or  any 
board,  commission  or  other  body  acting  for  any  snch  municipal 
corporation  or  other  civil  division  in  water  supply  matters,  sup- 
plying or  proposing  to  supply  water  to  the  inhabitants  of  any 
municipality  or  civil  division  of  the  State,  and  proposing  to 
acquire  or  take  a new  or  additional  water  supply,  or  take  or  con- 
demn lands  in  connection  with  a new  or  additional  source  or 
sources  of  water  supply,  or  to  extend  their  works  outside  of  the 
limits  of  their  original  jurisdiction,  shall  make  application  to 
the  Conservation  Commission  for  approval  of  the  engineering  and 
financial  plans  for  such  acquisition  and  extensions. 

Such  applications  shall  be  made  by  verified  petition  in  writing 
aceompanied  by  exhibits  and  documents  as  hereinafter  enumer- 
ated and  shall  he  addressed  to  the  Conservation  Commission, 
Albany,  N.  Y. 


4 


2.  Approval  of  application  required — Before  the  applicant  shall 
have  authority  to  acquire  or  take  any  new  or  additional  source  of 
supply  or  to  acquire  any  lands  for  a new  or  additional  source  of 
water  supply,  or  to  extend  existing  works  outside  of  the  limits  of 
the  civil  division  of  the  State  or  original  franchise  limits,  the  ap- 
plication must  he  approved  by  the  Commission. 

3.  Modification  of  petition. — The  Commission  may  require  the 
petition  to  he  modified  both  in  substance  and  in  form. 

4.  Form  of  petition. — The  petition  shall  contain  a concise  state- 
ment of  all  facts  from  which  the  Commission  may  be  enabled  to 
determine  whether  the  plans  are  justified  by  public  necessity; 
whether  they  provide  for  the  proper  and  safe  construction  of  all 
works  connected  therewith;  whether  they  provide  for  the  proper 
protection  of  the  supply  and  watershed  from  contamination  or 
provide  for  the  proper  filtration  of  such  supply ; whether  they  are 
just  and  equitable  to  other  municipalities  and  civil  divisions  of 
the  State,  and  whether  they  make  proper  provision  for  the  pay- 
ment of  any  and  all  legal  damages,  either  direct  or  indirect,  to 
persons  or  property,  and  it  shall  state  briefly : 

(a)  The  legal  status  of  the  petitioner,  and  if  the  petitioner 
is  a municipality  or  water  district,  the  date  and  chapter  of  the 
laws  organizing  the  municipality  or  water  district  and,  if  a water 
company,  the  date  on  which  and  the  capital  with  which  the  com- 
pany was  incorporated,  and  a reference  to  any  statute  particularly 
referring  to  the  petitioner. 

(b)  The  official  capacity  and  the  authority  of  the  person  or 
persons  verifying  the  petition. 

(c)  The  reasons  for  considering  additional  water  supply  at 
the  time  of  application,  whether  on  account  of  immediate  neces- 
sity, or  on  account  of  future  probable  requirements,  or  both. 

(d)  A statement  of  the  principal  facts  with  reference  to  qual- 
ity, quantity,  wate^r  rates  and  fire  protection  afforded  by  the  ex- 
isting water  supply  system,  if  any. 

(e)  A statement  of  population  affected  (1)  as  of  the  last  offi- 
cial census,  (2)  as  estimated  at  present. 

(f)  A general  statement  of  all  available  sources  of  supply,  with 
particular  reference  to  their  relative  availability  and  probable  cost. 


5 


sufficiency  and  suitability,  and  the  reasons  for  the  choice  of  the 
particular  supply  for  which  application  is  made. 

(g)  A statement  of  the  assets  and  liabilities  of  the  petitioner, 
and  if  a municipality,  the  total  assessed  valuation  of  property  as 
indicated  by  the  last  assessment-roll. 

(h)  If  the  petitioner  is  a water  district,  a statement  of  its 
boundaries,  and  the  total  assessed  valuation  of  property  in  the 
district;  if  a water  works  company,  a statement  of  its  franchise 
limits. 

The  petition  shall  also  contain  a detailed  list  of  all  exhibits 
accompanying  the  same,  each  exhibit  being  designated  by  a letter 
of  the  alphabet,  which  shall  also  be  clearly  written  on  the  exhibit. 

5.  Exhibits  to  accompany  petition. — The  petition  shall  be  ac- 
companied by  the  following  exhibits:  (a)  a general  map  of  the 
proposed  new  system  and  the  existing  system,  if  any,-  (b)  a map 
of  the  lands  proposed  to  be  acquired  or  occupied,  (c)  a section  of 
the  United  States  Geological  Survey  topographic  map  showing 
the  territory  and  watershed  affected,  (d)  profiles  of  the  principal 
pipe  lines,  (e)  plans  of  proposed  structures,  (f)  analyses  of  water 
samples,  (g)  a written  report  of  the  petitioner’s  engineer,  (h)  a 
detailed  estimate  of  the  cost  of  establishing  the  proposed  system 
and  of  operating  expenses,  and  a statement  of  the  average  pro- 
posed rate  to  consumers,  (i)  a list  of  those  who  may  be  affected 
by  the  acquisition  of  the  lands  or  the  execution  of  the  plans  of  the 
petitioner;  and  it  shall  also  be  accompanied  by  (j)  a surety 
bond,  if  the  applicant  is  a person  or  water  works  company  and 
(k)  a letter  of  transmission. 

6.  Dimensions  of  maps. — All  maps,  plans,  profiles  and  other 
drawings  submitted  in  connection  with  an  application  shall  be  on 
sheets  not  larger  than  28  inches  by  40  inches,  or  shall  conveniently 
fold  to  these  dimensions. 

7.  General  map. — The  general  map  shall  have  indicated  thereon 
the  relative  position  or  location  of  the  various  lands,  structures 
and  works  connected  with  the  existing  and  proposed  supply.  The 
maps  shall  be  to  a suitable  scale  and  shall  show  in  general  the 
location  of  lands  to  be  acquired,  reservoir  and  dam  sites,  pipe 
lines  or  aqueducts,  pressure  or  storage  tanks,  purification  works. 


U.0Ftti.UB. 


6 


distributing  pipe  system  and  location  of  valves  and  hydrants,  and 
the  elevations  of  all  controlling  points  such  as  at  the  point  of  di- 
version or  supply,  the  crests  and  depressions  in  the  main  pipe 
lines  or  aqueducts,  and  the  distributing  pipe  system  and  the  ele- 
vations at  each  of  the  principal  street  intersections  in  the  terri- 
tory to  be  served  by  the  proposed  supply,  the  locations  of  any 
sewer  outfalls,  drains  or  other  sources  of  contamination  of  the 
supply,  and  such  other  material  facts  as  may  be  of  assistance  in 
furnishing  an  accurate  representation  of  the  general  features  of 
the  proposed  system.  The  map  shall  have  a title  endorsed  thereon 
in  the  lower  right  hand  corner  substantially  in  the  following 
form : 

WATER  SUPPLY 

Village  of  BOLTON,  Warren  Co.,  N.  Y. 

GENERAL  MAP 

Exhibit  A to  accompany  Application 
before  the 

Conservation  Commission 

July  1,1910  Scale:  1 in  =2000  ft. 

JOHN  SMITH,  Engineer. 

8.  Land  taking  map. — The  land  taking  map  shall  show  lands 
not  owned  by  the  applicant  proposed  to  be  acquired  or  occupied, 
or  through  which  any  aqueduct  or  pipe  line  is  to  be  constructed, 
and  shall  be  preferably  to  a scale  of  100  or  200  feet  to  one  inch 
and  shall  have  indicated  thereon  the  buildings,  highways,  bridges, 
streams  and  the  topographic  and  other  important  features,  in- 
cluding the  boundaries  of  the  lands  proposed  to  be  acquired  and 
the  names  of  the  present  owners.  If  the  land  indicated  is  for  a 
reservoir  site,  the  area  proposed  to  be  used  for  storage  purposes 
shall  have  indicated  thereon  the  surface  contours  of  the  ground 


in  sufficient  detail  to  enable  the  capacity  of  the  proposed  reservoir 
accurately  to  be  determined.  The  map  shall  have  a title  endorsed 
thereon  in  the  lower  right  hand  corner,  substantially  as  above 
noted  in  Rule  7,  except  that  it  shall  be  designated  Land  Taking 
Map/’ 

9.  Watershed  map. — The  watershed  map  shall  consist  of  a 
sheet  or  sheets  of  the  United  States  Geological  Survey  topo- 
graphic maps,  provided  the  same  are  available,  showing  the  water- 
shed or  catchment  territory  affected.*  Upon  it  shall  be  indicated 
the  line  of  the  divide  surrounding  the  tributary  watershed  and 
the  location  of  the  territory  to  be  served  with  water.  If  the 
watershed  is  of  greater  area  than  four  sheets  of  the  United  States 
Geological  Survey  map,  only  those  sheets  showing  the  actual  loca- 
tion of  the  proposed  works  will  be  required.  The  map  shall  have 
a title  endorsed  thereon  in  the  lower  righthand  corner,  substan- 
tially as  above  noted  in  Rule  7,  except  that  it  shall  be  designated 

Wateesiied  Map.’’ 

10.  Profiles. — Upon  the  profiles  accompanying  each  application 
shall  be  indicated  to  suitable  horizontal  and  vertical  scales  the 
relative  distances  and  elevations  on  each  of  the  principal  pipe 
lines  or  aqueducts,  the  elevation  at  each  crest  or  depression  in 
each  pipe  line  and  the  computed  hydraulic  gradient  shall  be 
clearly  shown,  and  a title  shall  be  endorsed  thereon  substantially 
as  above  noted  in  Rule  7,  except  that  it  shall  be  designated 

Peofiles.” 

11.  Structural  plans. — Plans  of  proposed  structures  should,  in 
general,  be  the  contract  plans  and  should  be  in  sufficient  detail  to 
enable  the  engineers  of  the  Commission  to  decide  upon  the  ade- 
quacy, suitability  and  safety  of  the  designs  proposed.  Each  plan 
shall  have  a title  endorsed  thereon  substantially  as  above  noted  in 

* The  sections  of  the  United  States  Geological  Survey  topographic  maps 
may  he  purchased  from  the  Director  of  the  Survey,  at  a uniform  price  of  five 
cents  per  copy.  Each  quadrangle  covers  a section  of  the  state,  fifteen  min- 
utes in  latitude  and  longitude  respectively.  A chart  showing  the  sheets 
available  in  published  form  may  be  obtained  by  addressing 

THE  DIRECTOR, 

U.  S.  Geological  Survey, 

Washington,  D.  C. 


8 


Kul©  7,  except  that  it  shall  be  designated  Plans.”  In  certain. 
caseSj  where  good  reasons  for  so  doing  shall  be  shown,  the  Com- 
mission may  allow  these  contract  plans  to  be  filed  at  a later  date, 
but  until  the  Commission  shall  have  determined  that  the  proposed 
structures  will  be  safe,  no  work  shall  be  started  thereon. 

12.  Analyses  of  water  samples. — The  applicant  is  required  to 
furnish  both  a bacteriological  and  chemical  analysis  of  reliable 
samples  of  the  proposed  water  supply.  Unless  these  analyses  are 
made  by  the  State  Department  of  Health,  or  other  official  body, 
they  shall  be  verified  and  the  competency  of  the  analyst  shall  be 
proved  at  the  hearing  or  otherwise.  To  the  reports  of  analyses 
shall  be  'attached  the  affidavit  of  a responsible  representative  of 
the  petitioner,  setting  forth  the  fact  that  the  samples  referred  to 
in  the  report  'Submitted  were  taken  from  the  proposed  source  of 
supply  and  stating  specifically  under  what  conditions  the  samples 
were  taken  and  on  what  date,  and  any  other  material  facts  with 
reference  to  such  samples. 

13.  Engineer’s  report. — The  report  of  the  engineer  who  made 
the  recommendations  or  designs  for  the  proposed  system  shall  be 
submitted,  preferably  in  full,  and  shall  contain  a statement  of 
his  opinion  with  reference  to  the  relative  availability  and  cost  of 
the  several  available  supplies  and  shall  state  in  full  detail  the  en- 
gineering features  of  the  proposed  works.  The  report  shall  em- 
brace a general  description  of  the  present  system;  quantity  and 
quality  of  present  supply,  if  any;  present  and  probable  future 
population  and  consumption ; a general  description  of  the  proposed 
system,  including  the  location,  elevation,  area  and  capacity  re- 
quired or  available  for  any  proposed  reservoir  or  tank ; the  char- 
acter and  area  of  the  watershed  tributary  to  the  point  of  diver- 
sion; of  the  present  or  possible  future  sources  of  contamination 
and  proposed  methods  for  control  of  contamination  and  protection 
of  the  supply ; the  general  character  and  extent  and  the  essential 
features  of  the  design  of  controlling,  diverting  or  regulating 
works  proposed ; the  estimated  maximum,  minimum  and  general 
average  static  pressures  within  the  territory  proposed  to  be 
served ; the  number  and  distribution  of  fire  hydrants ; the  location, 
extent  and  character  of  proposed  purification  or  other  works ; and 


9 


any  other  material  facts.  It  is  also  desirable  that  detailed  infor- 
mation he  given  with  reference  to  measurements  or  estimates  of 
rainfall  or  stream  flow.  Speoifications  for  proposed  contracts  for 
construction  shall  be  submitted  with  the  contract  plans. 

14.  Estimates  of  cost  and  statement  of  proposed  rate — The  esti- 
mate of  cost  accompanying  the  petition  shall  state  in  detail  the 
various  items  to  be  included  in  the  cost  of  the  proposed  works  for 
the  delivery  of  water  to  the  consumers^  including  the  cost  of  land 
takings,  approximate  unit  quantities  and  costs  for  different 
classes  of  work.  It  shall  also  include  the  approximate  cost  of 
maintenance  and  operation,  the  approximate  yearly  charge  to  be 
made  for  the  entire  supply  and  the  proposed  rates  for  1,000  gal- 
lons to  he  charged  to  consumers  on  the  completion  of  the  work. 
These  costs  shall  be  given  in  suflicient  detail  to  enable  them  to  be 
studied  and  checked  with  facility. 

15.  List  of  persons  atfected. — The  application  shall  be  accom- 
panied by  a complete  list  of  the  names  and  addresses  of  all  water- 
works corporations,  municipal  corporations  or  other  civil  divisions 
of  the  State  that,  in  the  opinion  of  the  petitioner,  may  be  affected 
by  the  acquisition  of  lands  or  water  rights  required  or  the  execu- 
tion of  the  proposed  plans. 

16.  Surety  bond. — Individuals  and  w^aterworks  corporations 
making  applications  are  required  to  file  with  their  petition  an 
undertaking  for  the  sum  of  $1,000,  satisfactory  to  the  Commis- 
sion with  respect  to  surety,  as  guarantee  for  payment  of  expenses 
of  hearing  and  determination. 

17.  Letter  of  transmission. — The  application  shall  be  accom- 
panied by  a.  letter  of  transmission  in  which  the  petitioner  shall 
state  the  most  suitable  public  hall  or  other  place  available  for 
conducting  the  public  hearing,  the  names  and  addresses  and  fre- 
quency of  dates  of  publication  of  all  local  newspapers  suitable  for 
publication  of  the  notice  of  the  hearing,  the  names  and  addresses 
of  the  petitioner  and  counsel  to  the  petitioner,  and  the  petitioner’s 
engineer.  It  shall  include  a detailed  list  of  all  maps  and  papers 
sent  with  it. 

18.  Investigation  by  Commission’s  engineer After  an  examina- 

tion of  the  maps,  plans  and  other  documents  submitted  in  connec- 


10 


tion  with  an  application,  an  engineer  in  the  employ  of  the  Com- 
mission may  make  an  investigation  of  the  proposed  source  of  sup- 
ply at  such  time  as  the  Commission  may  direct  and  submit  his 
findings  in  a written  report  to  the  Commission. 

19.  Notice  of  hearing. — Upon  the  receipt  and  filing  of  a petition 
in  proper  form  and  other  documents  constituting  the  application, 
the  Commission  will,  as  soon  thereafter  as  practicable,  give  public 
notice  that  on  a certain  day  the  Commission  will  meet  at  a,  place 
specified  in  said  notice  for  the  purpose  of  hearing  all  persons, 
municipal  corporations  or  other  civil  divisions  of  the  State  that 
may  he  affected  thereby.  The  notice  shall  he  published  by  the 
petitioner  in  such  form,  in  such  newspapers  and  for  such  length 
of  time,  not  exceeding  four  weeks,  as  the  Commission  shall  de- 
termine; copies  of  the  papers  containing  such  notice  shall  be  sent 
by  the  petitioner  to  the  Commission  on  the  day  of  publication. 

Proof  of  publication  of  said  notice  shall  be  filed  with  the  Com- 
mission on  or  before  the  day  specified  in  said  notice  for  the  day  of 
hearing. 

20.  Objections. — At  any  time  prior  to  the  day  specified  in  such 
notice  for  the  hearing,  any  person  or  municipal  or  other  corpora- 
tion or  the  proper  authorities  of  any  civil  divisions  of  the  State 
may  file  in  the  office  of  the  Commission  at  Albany  objections  to 
the  project  proposed  by  the  application.  Every  objection  so  filed 
shall  be  in  writing  and  shall  particularly  specify  the  ground 
thereof,  and  no  person,  municipal  or  other  corporation  or  civil 
division  or  their  representative  shall  be  heard  in  opposition  to  the 
project  proposed  by  such  application,  except  on  objections  so  filed. 
Amendments  to  the  objections  may  be  permitted  by  the  Com- 
mission. 

21.  Public  hearing. — The  Commission  will  conduct  a public 
hearing  upon  the  day  specified  in  said  notice  or  upon  a subse- 
quent day  to  which  the  Commission  may  adjourn  the  hearing 
and  will  hear  the  proofs  and  the  arguments  submitted  in  support 
of  or  in  opposition  to  the  proposed  project.  The  person  or  mu- 
nicipal or  other  corporation  making  the  petition  must  appear  at 
the  hearing  by  duly  authorized  representatives.  The  petitioner’s 
engineer  must  also  appear  in  person  or  send  a representative  fully 


11 


conversant  with  the  conditions  of  the  case.  The  objectors  must 
appear  in  person  or  by  representation.  The  Commission  may 
issue  subpoenas. 

22.  Evidence. — At  hearings  the  Commission  requires  that  partic- 
ular attention  shall  be  given  by  the  proofs  and  arguments  to  the 
following  questions : 

(1)  Are  the  plans  proposed  by  the  application  justified  by 
public  necessity? 

(2)  Do  the  plans  provide  for  proper  and  safe  construction  of 
all  work  connected  therewith  ? 

(3)  Do  the  plans  provide  for  the  proper  sanitary  control  of 
the  watershed  and  proper  protection  of  the  supply,  or  provide 
for  proper  filtration  of  the  supply  ? 

(4)  Are  the  plans  just  and  equitable  to  the  other  municipal 
corporations  and  civil  divisions  of  the  State  affected  thereby  and 
to  the  inhabitants  thereof;  particular  consideration  being  given 
to  their  present  and  future  necessities  for  sources  of  water 
supply  ? 

(5)  Do  the  plans  make  fair  and  equitable  provision  for  the 
determination  and  payment  of  any  and  all  legal  damages  to  per- 
sons and  property,  both  direct  and  indirect,  which  will  result 
from  the  acquisition  of  said  lands  or  the  execution  of  said  plans  ? 

23.  Determination  by  Commission. — After  the  final  hearing  the 
Commission  will  proceed  either : 

(1)  To  approve  such  application  and  plans  as  presented,  or 

(2)  To  require  such  modifications  in  either  or  both  the  appli- 
cation and  plans  as  the  Commission  may  determine  to  be 
necessary. 

(3)  To  reject  the  application  entirely. 

The  Commission  may  permit  a new  application  to  be  filed. 
The  determination  of  the  Commission  will  be  in  writing  and  will 
be  filed  together  with  all  plans,  maps,  exhibits  and  other  papers, 
records  or  documents  relating  to  the  application.  All  such 
records,’  papers  and  documents  may  be  examined  by  any  person  at 
the  office  of  the  Commission  but  shall  not  be  removed  therefrom 
except  temporarily  upon  the  written  order  of  the  secretary  to  the 
Commission  after  the  filing  of  a receipt  therefor  in  form  pre- 
scribed by  the  Commission. 


24.  Expense  of  hearing. — The  expense  of  the  hearing  and 
determination  by  the  Commission  will  be  certified  bj  the  Commis- 
sion under  its  official  seal  to  the  person,  water  works  corporation, 
municipal  corporation  or  other  civil  division  of  the  State  making 
the  application  and  shall  be  paid  by  the  said  applicant  within 
thirty  days  thereafter,  upon  the  certificate  of  the  Commission,  to 
the  persons  entitled  thereto. 

25.  Approval  of  work. — Before  any  works,  the  construction  of 
which  shall  have  been  authorized  by  the  Conservation  Commis- 
sion, shall  be  operated,  they  must  he  inspected  and  passed  upon 
by  the  Commission.  Before  starting  constriiction,  the  contract 
plans  and  specifications  must  he  submitted  to  and  approved  by 
the  Commission.  These  should  he  submitted  as  a part  of  the  ap- 
plication, hut  in  certain  cases  the  Commission  may  allow  them  to 
be  submitted  later,  according  to  requirements  which  will  be  set 
forth  in  the  decision.  If,  for  any  reason,  it  is  desired  to  make 
material  changes  in  plans  or  specifications  which  have  been  ap- 
proved, these  must  be  submitted  for  approval.  After  the  complex 
tion  of  any  work,  plans  and  specifications  of  which  have  been  ap- 
proved, and  before  the  operation  of  such  works,  the  officials  hav- 
ing such  works  in  charge  shall  make  application  to  the  Commis- 
sion for  permission  to  operate ; this  application  being  accom- 
panied by  an  affidavit  on  the  part  of  such  officials  and  their  engi- 
neer that  the  work  has  been  constructed  in  full  accord  with  the 
plans  and  specifications  previously  approved,  or  with  such  changes 
as  may  have  been  found  necessary,  which  changes  shall  be  fully 
shown.  Upon  receipt  of  such  request,  the  Commission  will  cause 
the  works  to  be  inspected : if  it  finds  that  such  works  have  been 
properly  and  safely  constructed,  it  will  then  either  issue  a permit 
to  operate  or  require  such  changes  or  additional  construction  as 
it  may  cletermine  to  be  necessary  to  make  the  works  safe.  The 
Commission  may,  if  the  work  is  of  sufficient  importance,  approve 
of  a part  of  the  project  and  allow  this  part  to  be  used  before  the 
completion  of  the  remainder. 


13 


JURISDICTION  OF  THE  COMMISSION 

Following  are,  the  sections  of  the  Conservation  Law  under 
which  the  Conservation  Commission  has  jurisdiction  over  public 
water  supplies. 

CHAPTEK  6d7. 

Laws  of  1911. 

CHAPTER  LXV  OF  THE  COXSOLIDATED  LAWS. 

Conservation^  Law. 

ARTICLE  9. 

Water  Supply. 

§ 520.  General  powers  of  commission  in  relation  to  water  supply. 

- — The  commission  shall  have  the  powers  and  perform  the  duties 
in  relation  to  the  supply  of  potable  waters  for  the  various  mu- 
nicipalitieSj  civil  divisions  and  inhabitants  of  the  state,  set  forth 
in  this  article,  and  as  may  be  further  provided  by  law. 

§ 521.  Municipal  corporations  must  submit  maps  and  profiles  of 
new  or  additional  sources  of  water  supply — Xo  municipal  corpo- 
ration or  other  civil  division  of  the  state,  and  no  board,  commis- 
-sion  or  other  body  of  or  for  any  such  municipal  corporation  or 
other  civil  division  of  the  state  shall,  nor  shall  any  person  or 
waterworks  corporation  engaged  in  supplying  or  proposing  to 
supply  the  inhabitants  of  any  municipal  corporation  or  other 
civil  division  of  the  state  with  water,  after  this  chapter  takes 
effect,  have  any  power  to  acquire,  or  to  take  a water  supply  or 
an  additional  water  supply,  or  tO'  take  or  condemn  lands  for 
any  new  or  additional  sources  of  water  supply,  until  such  person, 
corporation  or  civil  division  has  first  submitted  the  maps,  plans, 
and  profiles  therefor  to  the  commission  of  conservation,  as  herein- 
after provided,  and  until  said  commission  shall  have  approved  the 
same,  or  approved  the  same  with  such  modifications  as  it  may  de- 
termine to  be  necessary  as  hereafter  provided.  Approval  shall 
not  be  necessary  of  any  plans  heretofore  approved  by  the  state 


14 


water  supply  commission,  or  of  any  plans  or  work  for  a new  or 
additional  water  supply  or  filtration  plant  authorized  iu  pursu- 
ance thereof  or  in  connection  therewith,  or  of  any  plans  or  work 
for  the  extension  of  supply  or  distributing  mains  or  pipes  of  a 
municipal  water  supply  plant  into  and  for  the  purpose  of  sup- 
plying water  in  any  territory  within  the  limits  of  the  municipal- 
ity owning  such  plant,  including  territory  which  has  not  been 
heretofore  supplied  with  water  by  such  plant. 

§ 522.  Petition  for  approval  of  plans  for  water  supply  and  pro- 
ceedings thereupon. — Any  municipal  corporation  or  other  civil 
division  of  the  state,  or  any  person  or  waterworks  corporation, 
may  make  application  by  petition  in  writing  to  the  commission 
for  the  approval  of  its  maps,  plans  and  profiles  of  such  new  or 
additional  water  supply  or  for  such  new  or  additional  source  or 
sources  of  water  supply.  Such  application  shall  be  accompanied 
by  an  exhibit  of  maps  of  the  lands  to  be  acquired  and  profiles 
thereof  showing  the  sites  and  areas  of  the  proposed  reservoirs,  a 
plan  of  the  other  works  proposed  to  be  constructed,  the  profiles 
of  the  aqueduct  lines  and  the  flow  lines  of  the  water  when  im- 
pounded, maps,  plans  and  surveys  and  abstract  of  official  reports 
relating  to  the  same,  showing  the  need  for  a particular  source  or 
sources  of  supply  and  the  reasons  therefor,  the  plan  proposed  for 
protecting  the  new  supply  and  watershed  from  contamination,  or 
the  proposed  plan  for  filtering  such  new  supply,  and  such  appli- 
cation shall  be  accompanied  by  a plan  or  scheme  to  determine  and 
provide  for  the  payment  of  the  proper  compensation  for  any  and 
all  legal  damages  to  persons  or  property,  whether  direct  or  in- 
direct, which  will  result  from  the  acquiring  of  said  lands  and  the 
execution  of  said  plans.  Such  petition  shall  also  be  accompanied 
by  such  proof  as  to  the  character  and  purity  of  the  water  supply 
proposed  to  be  acquired  as  the  commission  shall  require.  If  such 
petition  is  made  by  a person  or  waterworks  corporation,  it  shall  be 
accompanied  by  an  undertaking  in  such  amount  and  with  such 
sureties  as  the  commission  shall  determine,  that  such  person  or 
waterworks  corporation  will  pay  the  expenses  of  the  hearing  and 
determination  as  hereinafter  provided.  Said  commission  shall 
thereupon  cause  public  notice  to  be  given  that  on  a day  therein 
named  it  will  hold  a public  hearing  at  the  office  of  the  commission 


15 


in  the  city  of  Albany^  or  at  such  other  place  as  it  may  particularly 
specify  in  said  notice,  for  the  ^purpose  of  hearing  all  persons, 
municipal  corporations  or  other  civil  divisions  of  the  state  that 
may  be  affected  thereby.  Such  notice  shall  be  published  in  such 
newspapers  and  for  such  length  of  time,  not  exceeding  four  weeks, 
as  the  commission  shall  determine.  At  any  time  prior  to  the  day 
specified  in  such  notice  any  person  or  municipal  corporation  or 
the  proper  authorities  of  any  civil  division  of  the  state  may  file 
in  the  office  of  the  commission  at  Albany  objections  to  the  project 
proposed  by  such  application.  Every  objection  so  filed  shall  par- 
ticularly specify  the  ground  thereof.  Said  commission  shall, 
upon  the  day  specified  in  said  notice,  or  upon  such  subsequent 
day  or  days  to  which  it  may  adjourn  the  hearing,  proceed  to  ex- 
amine the  said  maps  and  profiles  and  to  hear  the  proofs  and  argu- 
ments submitted  in  support  of  and  in  opposition  to  the  pro- 
posed project,  but  no  person,  municipal  corporation  or  local  au- 
thorities shall  be  heard  in  opposition  thereto  except  on  objections 
filed  as  authorized  by  this  section.  The  commission  shall  de- 
termine whether  the  plans  proposed  are  justified  by  public  neces- 
sity, whether  they  provide  for  the  proper  and  safe  construction 
of  all  work  connected  therewith,  whether  they  provide  for  the 
proper  protection  of  the  supply  and  the  watershed  from  contam- 
ination or  provide  for  the  proper  filtration  of  such  additional 
supply,  a^d  whether  such  plans  are  just  and  equitable  to  the 
other  municipalities  and  civil  divisions  of  the  state  affected 
thereby  and  to  the  inhabitants  thereof,  particular  consideration 
being  given  to  their  present  and  future  necessities  for  sources  of 
water  supply,  and  whether  said  plans  make  fair  and  equitable 
provisions  for  the  determination  and  payment  of  any  and  all 
legal  damages  to  persons  and  property,  both  direct  and  indirect, 
which  will  result  from  the  execution  of  said  plans  or  the  acquir- 
ing of  said  lands.  The  ccmmission  shall  within  ninety  days  after 
the  final  hearing  and  with  all  convenient  speed  either  approve 
such  application,  maps  and  plans  as  presented  or  with  such  modi- 
fications as  it  may  determine  to  be  necessary  to  protect  the  water 
supply  and  the  interests  of  the  applicant  or  of  the  inhabitants  of 
the  territory  supplied  by  it  with  water,  or  the  water  supply  and 


16 


interests  of  any  other  municipal  corporation,  or  other  civil  di- 
vision of  the  state  or  the  inhabitants  thereof,  or  the  vv^ater  supply 
and  interests  of  any  other  person  or  waterworks  corporation, 
engaged  in  supplying  water  to  any  other  municipal  corporation 
or  other  civil  division  of  the  state  or  the  inhabitants  thereof;  or 
to  bring  into  co-operation  all  municipal  corporations,  or  other 
civil  divisions  of  the  state,  which  may  be  affected  thereby;  or  to 
make  just  and  equitable  the  submitted  plan  or  scheme  to  deter- 
mine and  provide  for  the  payment  of  the  proper  compensation 
for  any  and  all  legal  damages  to  persons  or  property,  whether 
direct  or  indirect,  which  will  result  from  the  acquiring  of  said 
lands  and  the  execution  of  said  plans,  or  to  make  safe  all  dams 
or  reservoirs  to  be  constructed  by  said  plans;  or  it  may  reject  the 
application  entirely  or  permit  another  to  be  filed  in  lieu  thereof, 
but  it  shall,  however,  make  a reasonable  effort  to  meet  the  needs 
of  the  applicant  with  due  regard  to  the  actual  or  prospective 
needs  and  interests  of  all  other  municipal  corporations  and  civil 
divisions  of  the  state  affected  thereby  and  the  inhabitants  thereof. 
Whenever  the  commission  shall  make  a decision  on  any  applica- 
tion submitted  to  it,  it  shall  state  the  same  in  writing  and,  if  it 
approves,  shall  cause  the  same  to  be  signed  and  the  official  seal  of 
the  commission  affixed  thereto  and  file  the  same,  together  with  all 
plans,  maps,  surveys  and  other  papers  or  records  relating  thereto 
in  its  office.  The  decision  of  the  commission  and  its  action  on 
any  application  may  be  reviewed  by  certiorari  proceedings.  The 
expense  of  any  such  hearing  and  determination  by  the  commis- 
sion shall  be  certified  by  said  commission  to  the  person,  water- 
works corporation,  municipal  corporation  or  other  civil  division 
of  the  state  making  such  application  and  shall  be  paid  by  said 
applicant  within  thirty  days  thereafter  upon  the  certificate  of 
the  commission  to  the  persons  entitled  thereto. 

§ 523.  Approval  of  work. — No  new  water  supply  system,  built 
in  accordance  with  plans  hereafter  approved  by  the  commission, 
shall  be  operated  until  the  work  has  been  approved  by  it. 

§ 524.  Water  supply  to  be  used  in  other  states — ^sTo  waters  of 
this  state  shall  be  diverted  without  the  state. 


ITVi'ir  T - "f  j L ‘‘OP 


